Transitional Justice and Durable Solutions for the Displaced: A Comparative Study

8/11/2019 Transitional Justice and Durable Solutions for the Displaced: A Comparative Study

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Presentation Outline

IntroductionExploring the link Transitional Justice andDurable SolutionsThe background context AnalysisConclusion


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IntroductionTransitional Justice as a problematic and confused

conceptThe central question - how can transitional justicemechanism such as reparation programmes facilitate

the economic, social and political integration or re-integration of internally displaced persons in theirrespective geographic localities?

The rationale for using the two cases Sri Lanka andKenya


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Linking Transitional Justice andDisplacementUnited Nations, 2004:4) defines transitional justice as:the full range of processes and mechanisms associated with a societys attempts to come to terms with a legacy of large-scale past abuses, in order to ensureaccountability, serve justice and achieve reconciliationThese may include both judicial and non-judicialmechanisms, with differing levels of international

involvement (or none at all) and individualprosecutions, reparations, truth-seeking, institutionalreform, vetting and dismissals, or a combinationthereof.


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A durable solution is achieved when internally displaced persons no longer have any specificassistance and protection needs that are linked to theirdisplacement and can enjoy their human rights without discrimination on account of theirdisplacement.


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IASC Framework on Durable Solutions for InternallyDisplaced Persons states that Finding durablesolutions is about restoring the human rights of IDPs, which entails the right to reparation, justice, truth andclosure for past injustices through transitional justiceor other appropriate measures (p. 8). The frameworkfurther argues that, remedies for human rights violations associated with displacement can impedethe process of attaining durable solutions. As theabsence of such remedies can risk furtherdisplacement, lead into a futile reconciliation processand result in injustice for the displaced (UnitedNations, 2004: 4-12).


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In Kenyaelection-related conflict since 1991 has resulted inpolitical violence or ethnic clashes resulting in waves

of displacement in KenyaThe 2007 election violence left over 1500 people killedand approximately 300,000 displacedOver a period of 1991-2007 state sponsored or statecondoned violence resulted in 4000 deaths and adisplaced population of 600,000. Among which 350,000 people sought refugee in 118camps and 313,921 people chose to seek refuge withincommunities (KNCHR, 2012).


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Kenyan Context Cont .The aftermath of the 2007 post election violencereceived considerable attention from the international

community and emphasis was placed on coordinatedapproach by the government and other localinternational bodies to find durable solutions for the

displaced.One outcome has been the Kenyan National Dialogueand Reconciliation Agreement signed by the two

major political groupshumanitarian fund to mitigate effects of displacementthrough which the displaced were given compensationof Kenya shillings 10,000-25,000


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AnalysisThe context of displacement as violenceLapses of durable solutions for the displacedThe right to return, integrate or relocate

Draft National policy on displacementUnderstanding victims priorities in displacementComplexities in land issuesIDP profiling


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Source ICTJ Kenya


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Understanding Victims Priorities

Source ICTJ Kenya


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Victims priorities - camps

Source ICTJ Kenya


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ConclusionIntegration/re-integration into communitiesThe need for collaborative, long term approaches


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Thank you

Transitional Justice and Durable Solutions for the Displaced: A Comparative Study

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